Ineffective declarations of exemption according to the minimum wage law

Since 01.01.2015, the minimum wage has applied nationwide in Germany. Companies in the forwarding industry are now increasingly confronted with so-called indemnity declarations. Some of the declarations of exemption for the Minimum Wage Act in circulation go considerably beyond what is regulated in the Minimum Wage Act. Companies should urgently check whether they can sign the declarations of exemption, as these sometimes entail considerable additional obligations.

If you want to have your exemption declarations checked according to the minimum wage law or if you need the preparation of an exemption declaration, you are welcome to contact us at any time. You can also reach us Monday to Friday between 9.00 a.m. and 6.00 p.m. by calling 040/369615-0

Exemption agreements on minimum wage too far-reaching

The declarations of exemption that are currently in circulation sometimes diverge considerably. In this way, every freight forwarder or every customer formulates his own declarations of indemnification. These regulate in greater or lesser detail which obligations companies must comply with under the Minimum Wages Act. In addition, the freight forwarders commissioned are to a certain extent liable for any possible breaches of the minimum wage law. In some cases, the declarations of exemption from the minimum wage do not even differentiate according to whether the violations are culpable or not committed.

Companies should urgently read carefully which exemption agreements they sign. The risk of making far-reaching commitments here, which will be difficult to resolve later on, is very considerable.

In addition, companies that use subcontractors should ensure that their own subcontractors are also provided with corresponding declarations of exemption from the minimum wage.

Do not accept third-party declarations of exemption

Companies should also make sure that they do not copy and use third-party declarations of exemption themselves. Here, too, legal infringements can be justified.

In any case, it is advisable to prepare appropriate explanations with one’s own followers. Companies should also bear in mind that their own subcontractors are often based abroad, so that provision should also be made for the subsequent enforcement of their own claims.

If you have any questions regarding the declaration of exemption from the minimum wage, please do not hesitate to contact us

 

Lawyer Dr. Tristan Wegner

Your consultant

ABC-Straße 21
20354 Hamburg
T +49 (0) 40 / 36 96 15 0
F +49 (0) 40 / 36 96 15 15
E ow@owlaw.com